CENTRAL INTELLIGENCE AGENCY
    r,onerel coun-%el                             2 3JUIY 1983
         Honorable Rex C. Lee
         solicitor General of tbk
           United States
         U.S, Department Of Justice
         Washingtont DC 2053D
         Dear Mr. Le'e:
                  3ze:  John Carv simse et bi- V. CIA         1983)
                                      2                   10
             on lo j'une 1983i the court of hppealsi with Circuit Judge
                 se'ting in part, entered an opinibn 06verse to the
         Bork dis   n                 (CIA).  As you are aware,
         Central intelligence Agency                             circuit
         judge E6waras -* speating for the Court, held that the CIA bad 5not
         properly sustained its claims that certain in(3ivi(lual researchers
         involved in the )IKULTRA project were 'intelligence sources* for
         purposes of 50 U.S.C. S4D3(d)(3) and, thus, for exemption ('-,)(3)
         of the Free6om of information Act (FOLAI
                                   ISSUES PRES@ENTED

                                            DISCUSSION
                                               -2-3-  41-

                           under @ims-l It most CIA case of f icers @ill f eei
           personaliy ot>ligatea ind@au@ty-bound to %iarn their agents that the
           CIA cannot quarantee,the anonymity essential to that
           -relationship.

                                              Sincerely,
                                             Stanley     rkin
                                             General  Counsel

                                                               .2 2 APR l@8
        Penny Bevis
                 National security Studies
        centoc for
        122 maryland Avenue, HE
        wasbtngton, DC  20002
        Dear Ka, Bevies
           This Is a final response to your 2 August 1983 ]Freedom of
                   Act (POIA) request (your C-141) f*t COPIOS Of CIA
        informa2tion
        c*cords docuimenting the  comments  of  Agency  case  officers
        concerning the Site test.  The processing of your request Included
        a search for records up through the date of our 17 August 1963
        acceptance letter,
           We have completed a thorough search for records responsive  to
        your request and located two documents listed below wbich we have
        determined may be rtleased to you I2n segregable form pursuant to
        FOIA exemptions (b) (3) and (b) (5) .In reference to exemption
        (b) (5) , the Agency Is assorting  the  attorney-work  product
        attocney-cl ent and deliberative process priviteges as embodleo in
        that exesption. Copies of these docoaents and an explanation of
        oxerdpticns are enclosed.
2
        Documents
        1.0  Undated notes.
        2.  @lomorandum# 13 July 1993.
           The official etaponsible for these determination* Is
        14r, Jo Edwin Dietel,, Depu
                                   ty General Counsel of the Central
        1-ntelligence Agency.
            You have th* right to appeal the &Love
                                                   decisions by  addcossi2ng
        'YOUC appeal to the CIA Information Review Committee# In my  care,,'
        Should you dociae to do this* please explain the basis   of  your
        appealst
            All foe's,:for your Particular request bove been valved.
            We i!ologiso for the length of time It has taken us to completq
                p
        the processing pf your 5request# but we have been Inundated by   a
         otge number of c'tquesto over the pagt several years.  Under the'-,

       circumstances, we have done our best to be fair to all of our
       requesters.  Thus, we establiahed soae years ago the policy of
       first-received, ftrst-answered.  Thank you  for your patience and
       consideration while we were processing your request.
                                        Sincerelyo
                                     John B. Wright
                           Information and Privacy Coordinator
      Enclosure
      IPD/FPO/ksk/172 Ar-r 85
      Distribution:
      orig - Adse w/encl
         I - Chrono
           ---FB3-0735 GIP (b)(3) (b)(5) Denier: J. Edwin Dietel, OGC;
             fees waived
             .0